The Patna High Court allowed an appeal against the rejection of bail. The court observed that the alleged injuries were simple in nature and allegations were general. Consequently, the impugned order setting regular bail was set aside.
The appellant shall be released on bail by furnishing a bond of Rs. 25,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1872 of 2020
Arising Out of PS. Case No.-174 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur
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BIKKI Son of Gayas Khan Resident of Mohalla - Sakrullahchak, P.S. - Babarganj, District - Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Rajive Ranjan Singh, Advocate For the Respondent/s : Mr.Binay Kumar Mallik, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 01-12-2020
Heard learned counsel for the appellant and the
State.
The appellant is aggrieved by the order dated 04.07.2020 passed by the Additional Sessions Judge-III-cumSpecial Judge, SC/ST Act, Bhagalpur in Mojahidpur (Babarganj) P.S. Case No. 174 of 2019, G.R. No. 82 of 2020 registered for the offences under Sections 147, 148, 149, 341, 324, 326, 323, 307, 448, 504 IPC, 27 Arms Act, ¾ Explosive Substances Act and 3(i) (r) (s) 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for grant of regular on behalf of the appellant has been rejected.
Learned counsel appearing on behalf of the appellant would submit that the appellant is in custody since 03.03.2020.
Patna High Court CR. APP (SJ) No.1872 of 2020(2) dt.01-12-2020 2/2
Referring to the injury report counsel for the appellant submits that injuries are simple in nature. No specific allegation has been levelled against the appellant. The allegations are omnibus and general.
Considering the aforesaid,, the impugned order dated 04.07.2020 is set aside and the appeal is, accordingly, allowed.
Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III-cum- Special Judge SC/ST Act, Bhagalpur in connection with Mojahidpur P.S. Case No. 174 of 2020.
(Anil Kumar Upadhyay, J)
spandey/-
U T
3 issues framed by the court
Whether to allow the appeal against the rejection of the prayer for regular bail and release the appellant on bail.
Whether the nature of injuries and general allegations warrant rejection of bail under Section 439 CrPC.
Whether the added evidence and simple nature of injuries justify interfering with the impugned bail order.
4 provisions across 4 enactments
Bikki
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
